Bureau of Land Management, Interior
§ 3832.45
(3) Tailings ponds and leach pads;
(4) Rock and soil dumps;
(5) Water and process treatment
plants; and
(6) Any other use that is reasonably
incident to mine development and operation, except for uses exclusively
supporting reclamation or mine closure.
(b) Upon obtaining authorization
under the surface management regulations of the surface managing agency,
you may use and occupy independent
mill sites for processing metallic minerals from lode claims using:
(1) Quartz or stamp mills; or
(2) Reduction works, including placement of grinding, crushing, or milling
facilities (such as rod and ball mills,
cone crushers, and floatation cells), reduction facilities (such as smelting,
electro-winning, roasters, autoclaves,
and leachate recovery), tailings ponds,
and leach pads.
Subpart D—Tunnel Sites
§ 3832.40
Tunnel sites.
§ 3832.41
What is a tunnel site?
A tunnel site is a subsurface right-ofway under Federal land open to mineral entry. It is used for access to lode
mining claims or to explore for blind or
undiscovered veins, lodes, or ledges not
currently claimed or known to exist on
the surface.
ehiers on DSK2VPTVN1PROD with CFR
§ 3832.42
How do I locate a tunnel site?
You may locate a tunnel site by:
(a) Erecting a substantial post,
board, or monument at the face of the
tunnel, which is the point where the
tunnel enters cover;
(b) Placing a location notice or certificate on the post, board, or monument that includes:
(1) The names of the claimants;
(2) The actual or proposed course or
direction of the tunnel;
(3) The height and width of the tunnel; and
(4) The course and distance from the
face or starting point to some permanent well-known natural objects or
permanent monuments, in the same
manner as required to describe a lode
claim (see § 3832.12(a) and (b)); and
(c) Placing stakes or monuments on
the surface along the boundary lines of
the tunnel at proper intervals as required under state law from the face of
the tunnel for 3,000 feet or to the end of
the tunnel, whichever is shorter.
[68 FR 61064, Oct. 24, 2003; 68 FR 74197, Dec.
23, 2003]
§ 3832.43
How may I use a tunnel site?
You may use the tunnel site for subsurface access to a lode claim or to explore for and acquire previously unknown lodes, veins, or ledges within
the confines of the tunnel site.
§ 3832.44 What rights do I have to minerals within my tunnel site?
(a) If you located your tunnel site in
good faith, you may acquire the right
to any blind veins, ledges, or lodes cut,
discovered, or intersected by your tunnel, by locating a lode claim, if they—
(1) Are located within a radius of
1,500 feet from the tunnel axis; and
(2) Were not previously known to
exist on the surface and within the limits of your tunnel.
(b) Your site is protected from other
parties making locations of lodes within the sidelines of the tunnel and within the 3,000-foot length of the tunnel,
unless such lodes appear upon the surface or were previously known to exist.
(c) You must diligently work on the
tunnel site. If you cease working on it
for more than 6 consecutive months,
you will lose your right to possess all
unknown, undiscovered veins, lodes, or
ledges that your tunnel may intersect.
§ 3832.45 How do I obtain any minerals
that I discover within my tunnel
site?
(a) Even if you have located the tunnel site, you must separately locate a
lode claim to acquire the possessory
right to a blind vein, lode, or ledge you
have discovered within the boundaries
of the tunnel site sidelines.
(b) The date of location of your lode
claim is retroactive to the date of location of your tunnel site.
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